Chatham County, Georgia Criminal lawyer

A “civil infraction” is not a crime, but it is a charge filed by the state. The state has to establish that you committed a civil infraction by a “preponderance of the evidence,” that is to say, that it is more likely than not that you committed the violation. This is a much lower standard compared to the “proof beyond a reasonable doubt” standard that is applicable in civil cases. The typical civil infraction is determined by a judge, without a jury, in what is typically a short proceeding.

Some states have a class of “petty offenses,” where the defendant can be tried without a jury before a magistrate. Generally, the only penalty for a “petty offense” is a fine. But, these offenses can be of a criminal nature.

A “misdemeanor” is a criminal offense, and conviction generally creates a criminal record. Misdemeanors are technically less serious crimes, although the impact of conviction can nevertheless be quite severe. Likely penalties for misdemeanors are imprisonment, probation, fines, and some times driver’s license restrictions. Certain misdemeanors are treated as “sex crimes” and mandate that a convicted person register as a “sex offender”, and inform the police informed of his place of residence — a requirement that may continue for life.

Felonies are the most serious offenses that can be charged. At times, the difference between “felonies” and “misdemeanors” seems arbitrary. But, every serious criminal offense like murder, sexual assault, embezzlement, burglary, robbery, arson, and treason are felonies.

If you have been charged with a crime in Chatham County, Georgia , contact a criminal attorney.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

Chatham County, Georgia Marijuana laws

GA, along with the remaining 49 states, has adopted a tough stance in the war on drugs. Georgia’s marijuana rules are harsh. The legal effects are probably much more severe than you’ve ever imagined. When you’ve charged with a marijuana related crime, it is essential that you choose a lawyer experienced in defending marijuana charges. Selling, buying, using and growing marijuana are all illegal in Chatham County, Georgia . When you are convicted of a marijuana charge, you will be sentenced to prison time and a large fine. The severity of the penalty differs depending on various factors. Quantity is one factor that is considered when deciding the penalty.

A marijuana possession Chatham County, Georgia with intent to distribute charge invites some especially severe penalties. This felony crime includes prison time and even fines beginning in the thousands. If you have a large quantity of drugs, you could be slapped with this offense even if you had no intention of distributing the marijuana. In these instances, intent is based on the quantity of the drug in your possession.

Selling marijuana or growing marijuana Chatham County, Georgia also leads toa more severe punishment. The place of where you are accused of marijuana selling is an important factor. A conviction for sale of drugs near a school will lead to more serious punishment. If you have had one or more past marijuana convictions, you will spend more time in jail or pay even greater fines.

If you have been charged with a marijuana crime in Chatham County, Georgia contact a marijuana defense lawyer immediately.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

The Writ of Habeas Corpus

If someone you know has been imprisoned in Savannah, Georgia , contact a criminal law firm
A petition for habeas corpus usually includes the following
• The prisoner’s identity;
• The prisoner’s custodian’s identity;
• The time, date and place of the requested court hearing; and
• The issues to be addressed at that time by the court
Under law, prisoners can to file petitions for habeas corpus, challenging the legality of their detention but the right may be suspended in times of national emergency.

When a court has been served with a petition for habeas corpus, based upon the nature of the petition, it can grant a writ, reject the petition, or fix a hearing on the petition. Once the writ is granted, the writ may be served upon the custodian of the prisoner asking that the prisoner be produced before court as ordered.

If a writ of habeas corpus is issued, the prisoner will be produced in court at the fixed date and time. The aim of a hearing on a writ of habeas corpus is not to determine whether the prisoner is innocent or not, but is rather to determine if the legal grounds claimed for the detention is lawful. If the imprisonment is illegal, the prisoner has to be released. Whether or not detention is legal, if a charge against the prisoner is valid the prisoner can undergo trial on that charge. For example, a prisoner can file a petition for habeas corpus alleging imprisonment on the grounds of an illegally excessive bail amount, however even if the reviewing court holds the bail amount is excessive and provides relief the prisoner may still have to undergo trial on the underlying charge.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

Defendant’s rights when facing forfeiture in Savannah, Georgia

Your rights, and the process involved in criminal forfeiture, differs significantly from state to state, and even based on the law you are accused of breaking. If you are facing criminal forfeiture of your property, you may be given notice in advance of your prosecution. Many times, criminal forfeiture proceedings will be started at the time of, or after conviction.

The manner in which forfeiture will be dealt with, and if the proceedings are “criminal” or “civil” in nature, will differ substantially from state to state. It is generally advisable to seek assistance from an attorney, if you are facing any type of forfeiture proceeding.

Civil forfeiture is similar in numerous ways to criminal forfeiture. However, while criminal forfeiture imposes an additional penalty upon the property’s owner for the wrongful conduct, a civil forfeiture action is initiated against the property itself. For criminal forfeiture to be initiated, the property’s owner must be convicted of a crime, whereas civil forfeiture can occur although the owner is acquitted. In some instances, the property owner may not even be charged with a criminal offense. Civil forfeiture actions must establish “beyond a reasonable doubt” that the property has a enough relationship to a crime to mandate its forfeiture under the law. Criminal cases should be tried under the much higher standard of, “Guilty beyond a reasonable doubt.”

If you are facing forfeiture in Savannah, Georgia , contact an attorney immediately.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney

Savannah, Georgia White Collar Crimes

“White Collar Crimes” are a type of criminal activities that generally take place in businesses or corporations, such as “insider trading,” “antitrust violations,” “computer fraud,” “securities fraud,” and “money laundering.” White collar crimes are non-violent in nature, and typically consist of some form of fraud or dishonesty. These crimes are committed through apparently legal businesses. Many times the principals of the corporation are involved in the criminal activity, whereas on many occasions the criminal offense is committed by an employee of the corporation, without the knowledge of anyone else.

A corporation in Savannah, Georgia that does not respond properly to an offense, or allegations of a crime, may appear to be involved in that criminal activity. Especially if the corporation is governed by state or federal laws, it is vital to have the right compliance, reporting and investigatory mechanisms, to deal with any rumors or reports of illegalities by staff. If a business does not want to be made liable for illegal conduct, or desires to reduce the responsibility, the best method of doing so is often to cooperate with any investigation of the inappropriate conduct.

There can also be circumstances where a corporation appears to be so deeply involved in the criminal offense that a criminal charge is initiated against the business itself. This often happens if it appears that the managers and directors of the business were so involved in, or so indifferent to, the criminal offense that the entire corporation appears to have actively permitted the offense.

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Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney